MVCAC July 2011

mvcac@lists.osenergy.org

6 participants
13 discussions

achilles heel of new proposed air regs for ONG
by Dee Fulton 29 Jul '11

29 Jul '11

I added this comment to my post. "The Achilles heel of the proposed amendments shows up under the paragraph on page 6 titled REDUCING COMPLIANCE BURDENS. “The proposed exemption would apply to sources covered by the NSPS that are not major sources and that do not obtain Title V permits for another reason….. VOC sources are considered “non-major” if they emit less than 100 tons per year…..That emissions threshold is lower in certain nonattainment areas, however.” The Wetzel County Action Group filed a legal appeal to the WV Air Quality Board (AQB)to consider compressors and gas wells collectively so as to be covered by Clean Air Act rules. From the FrackCheckWV post by Duane Nichols on May 21, “The AQB said that insufficient evidence had been presented to support a claim that the new compressors stations and/or the wells feeding them were in fact “contiguous or adjacent”, as defined by the legal definitions of these terms under the Clean Air Act in spite of existing pipelines interconnecting them.” Here is what that paragraph, REDUCING COMPLIANCE BURDENS SAYS: REDUCING COMPLIANCE BURDENS To reduce the compliance burden to industry, state and local governments and tribes, EPA also is proposing to exempt certain sources from Title V permitting requirements that would be triggered by the proposed rule. The proposed exemption would apply only to sources covered by the NSPS that are not major sources and that do not have to obtain Title V permits for another reason. EPA believes the recordkeeping and reporting requirements included in the proposed standards are sufficient to assure compliance. VOC sources generally are considered “non-major” if they emit less than 100 tons per year. That emissions threshold is lower in certain nonattainment areas, however. EPA also is seeking comment on additional approaches to provide the industry and regulatory agencies with more efficient and effective tools for maximizing transparency compliance with the proposed regulations. These include submitting performance test results to an EPA electronic database, and third-party compliance verification. HOW TO COMMENT Comments, identified by Docket ID Number EPA-HQ-OAR-2010-0505, may be submitted by one of the following methods: www.regulations.gov: follow the on-line instructions for submitting comments. E-mail: Comments may be sent by electronic mail (e-mail) to a-and-r-Docket(a)epa.gov. Fax: Fax your comments to: (202) 566-9744. Mail: Send your comments to: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW, Washington, DC 20460. Hand Delivery or Courier: Deliver your comments to: EPA Docket Center, 1301 Constitution Ave., NW, Room 3334, Washington, D.C. 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. FOR MORE INFORMATION Today’s proposed rule and other background information is available http://www.epa.gov/airquality/oilandgas. Information also is available at EPA’s electronic public docket and comment system (http://www.regulations.gov,) using Docket ID Number EPA-HQ-OAR- 2010-0505.

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EPA New Proposed Air Pollution Fracking Regulations
by Dee Fulton 29 Jul '11

29 Jul '11

You'll get this report delivered to your email at 1PM if you subscribe to FrackCheckWV.net. But if you can't stand the suspense, read here. Dee EPA Proposes New Air Pollution Regulations for ONG Industry

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EPA to Update NOx and SOx Standards
by Duane330＠aol.com 28 Jul '11

28 Jul '11

EPA TO REVIEW AND UPDATE SECONDARY NITROGEN AND SULFUR OXIDE STANDARDS AS REQUIRED BY CLEAN AIR ACT On July 13, EPA proposed to develop a multi-pollutant standard ensuring additional protection to human health and the environment and to vulnerable ecosystems (including streams and lakes), from the effects of nitrogen oxides (NOx) and sulfur oxides (SOx). EPA will accept comments for 60 days after the proposed rule is published in the Federal Register, issuing a final rule by March 2012. For more information, go to _http://www.epa.gov/air/nitrogenoxides/actions.html_ (http://www.epa.gov/air/nitrogenoxides/actions.html)

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Fwd: Please pass this along
by Duane330＠aol.com 24 Jul '11

24 Jul '11

Hello, Please pass this information along to your membership list. Thanks so much. Chuck Wyrostok, Sierra Club WV ============================================================ Public Hearing Reminder with Clarksburg Hearing Details The Legislature's Select Committee on Marcellus held its first public hearing last week in Wheeling. More than 100 people attended, and of the nearly 40 speakers, the majority supported stronger regulations. You can read and watch coverage of the hearing _here_ (http://theintelligencer.net/page/content.detail/id/557298/Marcellus-Driller… v=515) , _here_ (http://theintelligencer.net/page/content.detail/id/557299/Participants-Tell…) and _here_ (http://www.wtov9.com/video/28629163/index.html) . There are two more opportunities to share your concerns in person and let legislators know what you would like to see in a bill to regulate natural gas drilling in West Virginia. Here are the details for this week's public hearings: Monday, July 25 in Morgantown ~ 7:30PM at the West Virginia University College of Law Wednesday, July 27 in Clarksburg ~ 7:30PM in the auditorium at Robert C. Byrd High School The Select Committee is specifically looking for language or issues to include in a bill. WV Sierra Club’s Position Paper (attached) contains many of the specific issues that need to be addressed. One approach might be for each speaker to address one or two of the issues with other speakers addressing the others. It is important to make sure that every one of needs is supported publicly, if time allows. We don’t want to waste time by needlessly duplicating statements. These public hearings are scheduled to last only 90 minutes, and the amount of time allotted to individual speakers will be allocated according to how many citizens want to speak. So get there early and sign up. It is important to continue asking for a moratorium on Marcellus drilling until stringent rules are in place to protect citizens and the environment. Enforcement of those rules by sufficient DEP staff is equally essential. If you are unable to attend, please contact members of the select committee today. Senators: Doug Facemire, D-Braxton, Chair douglas.facemire(a)wvsenate.gov Home: 304 765 2231 Biz: 304 364 9903 Capitol: 304 357 7845 Karen Facemeyer R-Jackson karen.facemyer(a)wvsenate.gov Home: 304 372 2260 Biz: 304 428 1622 Capitol: 304 357 7855 Corey Polumbo D-Kanawha corey.palumbo(a)wvsenate.gov Home: 304 746 7933 Biz: 304 347 1781 Capitol: 304 357 7880 Herb Snyder D-Jefferson herb.snyder(a)wvsenate.gov Home: 304 725 4529 Biz: 304 725 6174 Capitol: 304 357 7957 Orphy Klempa D-Ohio orphy.klempa(a)wvsenate.gov Home: 304 242 9200 Biz: 304 233 2500 Capitol: 304 357 7918 Delegates: Tim Manchin, D-Marion, Chair tmanchin(a)manchin-aloi.com Home: 304 363 5613 Biz: 304 367 1862 Capitol: 304 340 3166 Barbara Fleischauer D-Monongalia barbaraf(a)wvhouse.gov Home: NA Biz: 304 296 7035 Capitol: 304 340 3169 Tom Campbell, D-Greenbrier tcampbell(a)grcs.com Home: 304 793 3976 Biz: 304 793 3976 Capitol: 304 340 3280 Woody Ireland, R-Ritchie woody.ireland(a)wvhouse.gov Home: 304 349 2957 Biz: NA Capitol 304 340 3195 Bill Anderson, R-Wood bill.anderson(a)wvhouse.gov Home: 304 375 7880 Biz: NA Capitol 304 340 3168 Collectively, here are the email addresses for all ten: _douglas.facemire(a)wvsenate.gov_ (mailto:douglas.facemire@wvsenate.gov) ; _karen.facemyer(a)wvsenate.gov_ (mailto:karen.facemyer@wvsenate.gov) ; _corey.palumbo(a)wvsenate.gov_ (mailto:corey.palumbo@wvsenate.gov) ; _herb.snyder(a)wvsenate.gov_ (mailto:herb.snyder@wvsenate.gov) ; _orphy.klempa(a)wvsenate.gov_ (mailto:orphy.klempa@wvsenate.gov) ; _tmanchin(a)manchin-aloi.com_ (mailto:tmanchin@manchin-aloi.com) ; _barbaraf(a)wvhouse.gov_ (mailto:barbaraf@wvhouse.gov) ; _tcampbell(a)grcs.com_ (mailto:tcampbell@grcs.com) ; _woody.ireland(a)wvhouse.gov_ (mailto:woody.ireland@wvhouse.gov) ; _bill.anderson(a)wvhouse.gov_ (mailto:bill.anderson@wvhouse.gov) You can also call legislators’ Capitol offices Toll Free at 1-877-565-3447. Here are the top needs for a meaningful Marcellus bill: 1. Advance public notice of all stages in permitting and drilling 2. Adequate permit fees and bonding amounts 3. Protection of surface owners’ property and rights 4. Water withdrawal and disposal monitoring and permitting to protect streams and rivers 5. Enhance inspection of casing/cementing as critical for groundwater protection 6. Full protection of all water wells, with adequate setbacks and testing 7. Increased funding for more inspectors to assure safe practices 8. Reform method of certifying and selecting new gas inspectors 9. Removal and proper disposal of drilling pits 10. Disclosure of fracking fluid contents and safety plans for accidents 11. Protect public lands: state parks, wildlife areas, and state forests Please see attachment for a detailed “Essential Elements Needed for Regulation and Enforcement of Marcellus and Other Gas Wells”. Feel free to print and distribute copies to legislators and concerned citizens. Acting Governor Earl Ray Tomblin has said publicly that he would call a Special Session to deal with a Marcellus bill if the House and Senate could reach agreement on a bill. Make sure your ideas are part of that agreement. Thank you for taking action. Chuck Wyrostok Sierra Club Outreach Organizer Toll free 877 252 0257 E: outreach(a)marcellus-wv.com www.marcellus-wv.com

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Fwd: Clean air lawsuit
by Dee Fulton 21 Jul '11

21 Jul '11

Thanks, Betty. This is interesting. Dee -----Original Message----- From: Betty Wiley <betty.w304(a)gmail.com> To: abbychapple(a)aol.com; ahughes(a)cmu.edu; almostnixie(a)cs.com; badducchio(a)wvpubcast.org; bill.wonderlin(a)gmail.com; bill(a)byrnehedges.com; bpallay(a)comcast.net; brian_bliss(a)hotmail.com; ceh65471(a)windstream.net; concrete418(a)gmail.com; curtis.n.meeder(a)usace.army.mil; dhopey(a)post-gazette.com; eberhard.werner(a)mail.wvu.edu; ed.presley(a)hotmail.com; ejdennis(a)hotmail.com; greenewatersheds(a)gmail.com; greenlan(a)fairpoint.net; jdonovan(a)wvu.edu; jkotcon(a)wvu.edu; jroconnell(a)gmail.com; keith.breitenstein(a)gmail.com; leo(a)raeleo.com; madonna212(a)gmail.com; McIntyre.Regina(a)epa.gov; mgodby303(a)aol.com; mjanes(a)hardynet.com; oakmont44(a)windstream.net; pamela.nixon(a)wv.gov; rhunt(a)ovis.net; rkidsrcool(a)aol.com; rvagnetti(a)yahoo.com; sck(a)andrew.cmu.edu; shellyangel2005(a)yahoo.com; stephenjr311(a)gmail.com; tmiller(a)ctleng.com; tomburich(a)aol.com; wallace.venable(a)mail.wvu.edu; waltdorf(a)aol.com; woodswoman49(a)hotmail.com; Adam Webster <woodswanderer(a)hotmail.com>; andrew & vanessa price <aprice(a)westco.net>; andrew sandy liebhold <aliebhold(a)gmail.com>; Ann Payne <paynestake(a)frontier.com>; Bob Niedbala <niedbala(a)observer-reporter.com>; Brad. Durst <bdurst(a)wvca.us>; Brent Bailey <bbailey(a)mountain.org>; carolyn roble <clr0417(a)att.net>; Charles Vannatter <cvannatter(a)triadeng.com>; charlotte wright <Dancisin71(a)aol.com>; collier <rreilloc(a)hotmail.com>; deb fulton <dfvet(a)aol.com>; Deborah Ludwig <debludw(a)hotmail.com>; diane bozic <dbozic(a)windstream.net>; Donald Strimbeck <dcsoinks(a)comcast.net>; Downstream Alliance <cmains(a)mail.wvu.edu>; Duane330(a)aol.com <Duane330(a)aol.com>; Frank Borsuk <borsuk.frank(a)epa.gov>; Friends of Deckers Creek <ehansen(a)downstreamstrategies.com>; Funka Petery, Susan - Lemont Furnace, PA <petery4(a)windstream.net>; George Street <cbf1910(a)yahoo.com>; jeff and kathy fedan <intothewoods(a)frontiernet.net>; jfd22(a)juno.com <jfd22(a)juno.com>; John Harshbarger <johnm.harshbarger(a)gmail.com>; john yesenosky <justyjohn1(a)yahoo.com>; Julieann F. Wozniak <jwozniak(a)windstream.net>; kim shiemke <kshiemke(a)yahoo.com>; Linda Tennant <lktehs(a)gmail.com>; louanne fatora <lamccf(a)comcast.net>; Margaret WV <margaretwv(a)gmail.com>; Martin Christ <mchrist(a)labs.net>; Melinda Wiley <draykodog(a)gmail.com>; michael blackburn <blackb23(a)gmail.com>; Mike Breiding <mike(a)epicroadtrips.us>; Mountaineers RalwaysFree <mountaineerH2O(a)yahoo.com>; paul and fran baker <paulfran3(a)gmail.com>; paul ziemkiewicz <pziemkie(a)wvu.edu>; Peggy Pings <peggy.pings(a)mail.wvu.edu>; Pete Zapadka <jeremiah(a)exploretheline.com>; petra and john wood <pbjmwood(a)gmail.com>; ralph jannini from Jim O'Connell <rhjiv(a)windstream.net>; Razzle <razzle(a)windstream.net>; Rick W. Buckley <rbuckley(a)osmre.gov>; Rosemary <rosiebudwv(a)yahoo.com>; Tim Craddock <timothy.D.craddock(a)wv.gov>; tomyv1(a)hotmail.com <tomyv1(a)hotmail.com>; Warren1 <warren104(a)comcast.net>; Zane Shuck <wmaczane(a)earthlink.net> Sent: Thu, Jul 21, 2011 11:37 pm Subject: Clean air lawsuit Clean air group sues shale-drilling operation Thursday, July 21, 2011 By Don Hopey, Pittsburgh Post-Gazette A federal lawsuit alleges that Marcellus Shale gas well drilling operations in two Pennsylvania counties emit dangerous air pollutants in violation of the U.S. Clean Air Act, Pennsylvania's statewide air emissions plan and new source-review regulations. Citizens for Pennsylvania's Future, an environmental organization, filed the lawsuit today against Colorado-based Ultra Resources Inc. in U.S. District Court for the Middle District of Pennsylvania, and also formally asked the state Department of Environmental Protection to open up all its air pollution records for Marcellus drilling operations throughout the state. "Ultra's drilling operations in Tioga and Potter counties are emitting dangerous and illegal air pollution and operating without the required permits," said Jan Jarrett, president and chief executive officer of PennFuture. "Unless gas drillers operating in Pennsylvania control the air pollution from their operations, air quality will deteriorate, putting public health at risk." The lawsuit alleges that the Ultra opertions are emitting large quantities of nitrogen oxide pollutants and that the company drilled wells and constructed compressor stations and pipelines without receiving required state permits that limit air pollution emissions and without using equipment designed to meet the lowest achievable emissions rate. The suit also claims the air pollutants are creating serious health risks to those living downwind. According to the U.S. Environmental Protection Agency, even short-term exposure to nitrogen oxides can impair respiratory health, causing throat and lung inflammation and exacerbating asthma. It can also lead to higher concentrations of airborne particulate matter, which can cause heart attacks. More details in tomorrow's Pittsburgh Post-Gazette. Don Hopey: dhopey(a)post-gazette.com or 412-263-1983.

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report says "no significant health threats" from emissions in Fort Worth
by Dee Fulton 21 Jul '11

21 Jul '11

Fort Worth, TX July 14,2011 "The long awaited study by the Eastern Research Group did not reveal any "significant health threats." It also concluded the city's 600-foot setback for wells is adequate." http://www.wfaa.com/home/Air-Quality-study-released-125610653.html

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Energy Efficient West Virginia
by Duane330＠aol.com 19 Jul '11

19 Jul '11

Greetings to the MVCAC: Attached is the final version of our action alert, including talking points and a sample letter. The same info is also online at _http://www.eewv.org/get-involved_ (http://www.eewv.org/get-involved) . Please read this and reply; and, feel free to forward this to other interested parties. Thanks, Cathy Kunkel _cathykunkel(a)gmail.com_ (mailto:cathykunkel@gmail.com) _http://www.eewv.org/get-involved_ (http://www.eewv.org/get-involved) Energy Efficient West Virginia is a group of concerned West Virginia residents, businesses and organizations who have come together to promote energy efficiency among residential, commercial, and industrial customers in our state. In response to a 43% rate increase proposed by Appalachian Power Company in 2009, we created our organization to promote stronger energy efficiency policies that would help protect residents from future rate increases and drive a market for energy efficiency services. Given our old and inefficient housing stock and historic lack of investment in energy efficiency, there is huge potential for investing in energy efficiency and demand response programs that will help residents and businesses save money on their bills. Contact us at: energyefficientwestvirginia(a)gmail.com _Join our mailing list!_ (http://www.eewv.org/join-our-mailing-list)

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What the Frack is Going On?
by Paula Hunt 14 Jul '11

14 Jul '11

If you haven't seen/listened to this yet, you might try it; it's good: "My Water's On Fire Tonight (The Fracking Song) " http://www.youtube.com/watch?v=timfvNgr_Q4&feature=channel_video_title What the Frack is Going on? ............................................... The Dominion Post had a few interesting articles today (Thursday July 14, 2011). One started on the front page and included a a list of requests ("wishes") from the WV Environmental Council and the WV Surface Owners Rights Organization regarding what they would like to see in shale-gas drilling regulations. The other was in the Local section and talks about WVU offering vanpooling to save traffic, commuting costs, and air quality. ---------------------------------------------------------------------- paula

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Marcellus (all) Wells
by Robert Shumaker 14 Jul '11

14 Jul '11

Heard the govenor has issued some regulations on shale wells. One of the most important items to be included would be a requirement that a cement-bond log be run (1000 ft.) on every o/g well; that the drilling and logging company engineers certify there is an "excellent"(?) bond between the casing and rock wall of the well; and finally that a c opy of the log be sent in a timely manner (?) to the WV Geological Survey and the WV Oil and Gas comission, and that this log cannot be considered as confidential. A petroleum engineer/geologist should draw up the exact wording for any such reg. I have not heard anything about this subject in open dicussions thus far. Hope this is old news and is part of what is going on. Bob Shumaker

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Marcellus shale (all) wells
by Robert Shumaker 13 Jul '11

13 Jul '11

Not sure this got out so: Heard the govenor has issued some regulations on shale wells. One of the most important items to be included would be a requirement that a cement-bond log be run (1000 ft.) on every o/g well; that the drilling and logging company engineers certify there is an "excellent"(?) bond between the casing and rock wall of the well; and finally that a c opy of the log be sent in a timely manner (?) to the WV Geological Survey and the WV Oil and Gas comission, and that this log cannot be considered as confidential. A petroleum engineer/geologist should draw up the exact wording for any such reg. I have not heard anything about this subject in open dicussions thus far. Hope this is old news and is part of what is going on. Bob Shumaker (I would add a copy of the cement bond log also go to the WV Dept.of Enviornmental Safety.

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MVCAC July 2011